SPS 305.31(1)(a)1. 1. A dwelling contractor certification.
SPS 305.31(1)(a)2. 2. A dwelling contractor — restricted certification.
SPS 305.31(1)(b) (b) Holds or engages, as an employee, a person who holds a certification issued by the department as a dwelling contractor qualifier.
SPS 305.31 Note Note: Section 101.654 (1) (b), Stats., exempts an owner of a dwelling who resides or will reside in the dwelling and who applies for a building permit to perform work on the dwelling from obtaining a dwelling contractor financial responsibility certification.
SPS 305.31 Note Note: Section 101.654 (1) (c) 2., Stats., reads: “The continuing education requirements under par. (a) and the rules promulgated by the department under sub. (1m) do not apply to any person who holds a current license issued by the department at the time that the person obtains a building permit if the work the person does under the permit is work for which the person is licensed."
SPS 305.31(2) (2)Application for dwelling contractor certification. A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall submit all of the following:
SPS 305.31(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.31(2)(b) (b) An application fee and a certification fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.31 Note Note: A dwelling contractor — restricted certification will be issued to an individual who applies using a bond of less than $25,000. The card issued by the department for a dwelling contractor — restricted certification will read “Financial Responsibility-by a bond under $25,000 Certification".
SPS 305.31(3) (3)Qualifications for certification.
SPS 305.31(3)(a)(a) A person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall provide all of the following:
SPS 305.31(3)(a)1. 1. A statement certifying that the person complies with the worker's compensation requirements and unemployment compensation requirements as specified under s. 101.654 (2), Stats.
SPS 305.31(3)(a)2. 2. Evidence of compliance with the liability or bond insurance requirements as specified under s. 101.654 (2) and (2m), Stats.
SPS 305.31 Note Note: See the appendix for a reprint of the requirements under s. 101.654 (2) and (2m), Stats.
SPS 305.31(3)(b) (b) The person applying for a dwelling contractor certification or a dwelling contractor — restricted certification shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.
SPS 305.31(4) (4)Responsibilities.
SPS 305.31(4)(a)(a) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification shall comply with the responsibilities under s. 101.654 (4), Stats.
SPS 305.31 Note Note: See the appendix for a reprint of the requirements under s. 101.654 (4), Stats.
SPS 305.31(4)(b) (b) For any construction project that requires a uniform building permit under s. SPS 320.08, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a permit is issued for the construction.
SPS 305.31(4)(c) (c) For any construction project that involves installation or modification of a private onsite wastewater treatment system, a person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not commence construction until a sanitary permit is issued for the construction in accordance with s. SPS 383.21.
SPS 305.31(4)(d) (d) A person who holds a dwelling contractor certification or a dwelling contractor — restricted certification may not contract with another person or entity to engage in construction business activities unless the person or entity holds a credential under s. SPS 305.30 (1) (a) or (b).
SPS 305.31 Note Note: Section SPS 305.30 was repealed by CR 14-010, Register August 2014 No. 704, effective 9-1-14. Future rule-making by the department will correct the no longer valid reference.
SPS 305.31 Note Note: Section 101.16 (4) (a), Stats., provides that: The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
SPS 305.31(5) (5)Renewal.
SPS 305.31(5)(a)(a) Pursuant to s. 101.654 (3), Stats., a dwelling contractor certification or a dwelling contractor — restricted certification shall be valid for no longer than one year after the date of issuance.
SPS 305.31(5)(b)1.1. A person may renew his or her dwelling contractor certification or dwelling contractor — restricted certification.
SPS 305.31(5)(b)2. 2. A dwelling contractor certification or a dwelling contractor — restricted certification shall be renewed in accordance with s. SPS 305.07.
SPS 305.31 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am., Register, March, 1998, No. 507, eff. 4-1-98; am. (1) and (2) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: renum. (4) to be (4) (a), cr. (4) (b) and (c) Register June 2004 No. 582, eff. 8-1-04; CR 07-007: r. and recr. Register August 2007 No. 620, eff. 9-1-07, except (1) (b) eff. 1-1-08; CR 08-110: am. (1) (a), (4) and (5) Register September 2009 No. 645, eff. 10-1-09; correction in (2) (a), (b), (4) (b), (c), (d), (5) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 305.315 SPS 305.315Dwelling contractor qualifier.
SPS 305.315(1) (1)General. The purpose of the dwelling contractor qualifier certification is to provide proof of fulfilling the continuing education obligations to the issuers of building permits as required under s. 101.654 (1) (a), Stats.
SPS 305.315(2) (2)Application. A person applying for a dwelling contractor qualifier certification shall submit all of the following:
SPS 305.315(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.315(2)(b) (b) An application fee and a certification fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.315(2)(c) (c) Evidence that the person has completed at least 12 hours in an approved course in dwelling construction within one year prior to the date of application. The course shall include instruction in at least the following subject matter and one or more tests on at least the following subject matter:
SPS 305.315(2)(c)1. 1. Construction laws
SPS 305.315(2)(c)2. 2. Construction codes.
SPS 305.315(2)(c)3. 3. Construction business practices.
SPS 305.315(3) (3)Renewal.
SPS 305.315(3)(a)1.1. A person may renew his or her certification as a dwelling contractor qualifier.
SPS 305.315(3)(a)2. 2. A dwelling contractor qualifier certification shall be renewed in accordance with s. SPS 305.07.
SPS 305.315(3)(b) (b) The renewal of a certification as a dwelling contractor qualifier shall be contingent upon the individual completing at least 12 hours of approved continuing education prior to the expiration of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in sub. (5).
SPS 305.315(3)(c) (c) Continuing education shall be obtained through any of the following means:
SPS 305.315(3)(c)1. 1. Attending seminars, corporate in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences meeting the requirements of sub. (4). Attendance may be in person or via remote classroom where a provider is available to participate to comment and answer questions.
SPS 305.315(3)(c)2. 2. Teaching a continuing education program that meets the requirements of sub. (4). A person who teaches may only receive credit for the initial offering or presentation of a course or program during a biennium.
SPS 305.315(3)(c)3. 3. Participating in continuing education program that does not meet in person that meets the requirements of sub. (4) including the completion of interactive short courses or tutorials, delivery of educational programs and courses on CD-ROM or the Internet, webinars, or correspondence courses.
SPS 305.315(3)(c)4. 4. Attending technical or professional society meetings that meet the requirements of sub. (4). A maximum of 6 hours per biennial renewal cycle may be counted toward continuing education requirements.
SPS 305.315(3)(d) (d) Each certification holder shall retain evidence of compliance with continuing education requirements in accordance with s. SPS 305.08 (2).
SPS 305.315(4) (4)Standards for continuing education. Only courses, programs, meetings, and seminars approved by the department in accordance with s. SPS 305.08 shall be used to fulfill continuing education requirements for renewal of a dwelling contractor qualifier certification. Continuing education shall meet all of the following criteria:
SPS 305.315(4)(a) (a) Include instruction in an organized method of learning contributing directly to the professional competency of the certification holder and pertaining to subject matters that integrally relate to the practice of the profession. The instruction shall include amplification, evaluation, examples, and explanation of the course subject matter to the certification holder.
SPS 305.315(4)(b) (b) Be conducted by individuals or entities which have specialized education, training, or experience in the subject matter of the program.
SPS 305.315(4)(c) (c) Include at least 10 review questions for each credit hour if the continuing education credit is obtained through distance education as specified in sub. (3) (c) 3. The department may require submittal of the review questions for approval.
SPS 305.315(4)(d) (d) Include at least 30 questions for each credit hour if the continuing education course, program, or seminar is predominantly question-and-answer based. A minimum score of 70 percent is required to receive continuing education credit. The department may require submittal of the questions for approval.
SPS 305.315(4)(e) (e) Include any of the following content:
SPS 305.315(4)(e)1. 1. Construction laws and codes.
SPS 305.315(4)(e)2. 2. Construction safety topics that are directly related to operating a residential construction business.
SPS 305.315(4)(e)3. 3. Business management, estimating, and job costing.
SPS 305.315(4)(e)4. 4. Changes in construction and business management laws.
SPS 305.315(4)(e)5. 5. Design and building science.
SPS 305.315(4)(e)6. 6. Contracts, liability, and risk management.
SPS 305.315(4)(e)7. 7. Marketing and sales topics regarding the provision of accurate and ethical information to the customer.
SPS 305.315(4)(e)8. 8. Project management, personnel management, and scheduling.
SPS 305.315(4)(e)9. 9. Carpentry, concrete, swimming pool installation, damp proofing a basement, excavation, insulation work, masonry work, painting and decorating, roofing, siding and gutters, screen or storm sash installation, tile and marble work, or house wrecking.
SPS 305.315(4)(e)10. 10. Accounting, finance, and taxes.
SPS 305.315(4)(e)11. 11. Communication and customer service.
SPS 305.315(4)(e)12. 12. Environmental or land use analysis.
SPS 305.315(4)(e)13. 13. Zoning and governance policies and procedures.
SPS 305.315(4)(e)14. 14. Mold, lead, asbestos, or other hazardous material mitigation.
SPS 305.315(4)(e)15. 15. Energy codes and energy conservation methods applicable to residential structures.
SPS 305.315(4)(e)16. 16. Other subject matter approved by the department.
SPS 305.315(5) (5)Waiver. A person who holds a certification as a dwelling contractor qualifier may apply to the department for waiver of the continuing education requirements under sub. (3) (b) on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
SPS 305.315 History History: CR 07-007: cr. Register August 2007 No. 620, eff. 9-1-07; CR 11-020: r. (2) (c) (intro.), 2., renum. (2) (c) 1. to be (2) (c), correction in (2) (a), (b), (3) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-010: renum. (3) (b) 1., 2. to (3) (b), (5) and am. (b), cr. (3) (c), (d), (4) Register August 2014 No. 704, eff. 9-1-14; correction in (5) (title) made under s. 13.92 (4) (b) 2., Stats., Register August 2014 No. 704, eff. 9-1-14; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.
SPS 305.32 SPS 305.32Manufactured home manufacturers.
SPS 305.32(1)(1)General.
SPS 305.32(1)(a)(a) Pursuant to s. 101.95, Stats., no manufacturer of manufactured homes may manufacture, sell or distribute for sale manufactured homes unless the manufacturer holds a license issued by the department as a licensed manufactured home manufacturer.
SPS 305.32(1)(b) (b) A manufactured home manufacturer license shall be required for each manufacturing plant which manufactures homes to be sold or distributed for sale in the state.
SPS 305.32(2) (2)Application for license. A person applying for a manufactured home manufacturer license shall submit all of the following:
SPS 305.32(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.32(2)(b) (b) An application fee and a license fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.32(3) (3)Qualifications for license. The person applying for a manufactured home manufacturer license shall be the owner of the manufacturing business, a partner in the manufacturing business applying on behalf of the partnership, or the chairman of the board or chief executive officer applying on behalf of the manufacturing corporation.
SPS 305.32(4) (4)Responsibilities.
SPS 305.32(4)(a)(a) A person who holds a manufactured home manufacturer license shall post the license at the plant which manufactures homes to be sold or distributed for sale in the state.
SPS 305.32(4)(b) (b) A person who holds a manufactured home manufacturer license shall comply with the warranty and disclosure responsibilities under s. 101.953, Stats.
SPS 305.32 Note Note: See appendix for a reprint of section 101.953, Stats.
SPS 305.32(5) (5)Renewal.
SPS 305.32(5)(a)(a) A person may renew his or her manufactured home manufacturer license.
SPS 305.32(5)(b) (b) A manufactured home manufacturer license shall be renewed in accordance with s. SPS 305.07.
SPS 305.32 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; cr. (3m), Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) and (2) (b), Register, April, 2000, No. 532, eff. 5-1-00; CR 03-075: am. Register June 2004 No. 582, eff. 8-1-04; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register February 2006 No. 602; CR 06-071: renum. (3m) to be (3m) (a), cr. (3m) (b) Register November 2006 No. 611, eff. 12-1-06; CR 11-020: renum. (3m), (4) to be (4), (5), Register December 2011 No. 672, eff. 1-1-12; correction in (2) (a), (b), (5) (b), as renumbered, made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.